Readers of Doug’s Blog who are willing to seriously examine the issue of federalism and judicial review, must take the time to read the brilliant article of Dr. Alan Keyes on the subject. Though I might quibble with some points (especially regarding majoritarianism), it is a brilliant overview of our constitutional system of checks and balances. The following are his concluding comments on Governor Bush’s duty as chief executive officer:
Despite his protestations of interest and conscience with respect to the assault on Terri Schiavo’s constitutional rights, Jeb Bush has failed to act on his clear and direct responsibility to defend the integrity of Florida’s constitution.
Whether from timidity or political calculation, he has pretended that legislative initiative is required to authorize his action, even in the face of consistent proof that the legislature is powerless against a determined and literally ruthless application of judicial prerogative.
As a result, the nation and the world have been witness to the spectacle of the slow, judicially mandated murder of an innocent and helpless woman, while Jeb Bush’s actions have given credibility to the patently false impression that the judiciary has any claim whatsoever to executive authority over the chief executive.
The law’s delay must cost Terri Schiavo her life, which is precisely the reason executive power in America is entrusted to single executives, rather than to plural deliberative bodies.
When time is of the essence, necessity authorizes the executive to safeguard the security of the constitution and the people before citizens and the polity suffer irreversible damage.
Terri Schiavo’s survival depends on Gov. Bush’s faithful execution of this responsibility, and the survival of American self-government on the willingness of all those in a like position faithfully to execute the duties of their high office.
In times like these, calculating politicians are not good enough. Enlightened statesmen are needed at the helm. God help us if we do not soon choose to find them there.
Read the complete article here.